A man charged with murder in a gruesome hit-and-run that took the life of a 45-year-old bicyclist in 2012 faked an injury after being taken to Albany Medical Center Hospital, an emergency room doctor testified on Wednesday.

Pablo Cruz, 40, of Schenectady, suddenly claimed that he could not move his legs as he was about to be taken into police custody, Dr. Timothy Barcomb told jurors on the third day of Cruz's trial in Albany County Court.

Barcomb said he examined Cruz and found no issue with his legs. For a patient to suddenly lose motor function would be extremely rare, Barcomb said, and he suspected that Cruz was lying.

Barcomb said he examined Cruz again to make sure no mistake had been made. He said Cruz moved his legs and then came clean.

"He essentially admitted that he was able to move his lower extremities, essentially being caught moving them after saying he was unable to do so," Barcomb testified.

Cruz had at the time of his arrest been recently released from prison for a drug-related conviction. He faces 25 years to life in prison if convicted of second-degree murder in the death of Paul Merges Jr. of Albany, a state worker and father of two.

County prosecutors say Cruz, while drunk and speeding, hit Merges with his pickup truck at the corner of Manning Boulevard and Washington Avenue in Albany. They say Cruz led police on a wild chase into Schenectady County with Merges' body pinned to his truck.

More Information

Cruz, who allegedly resisted arrest and was Tasered by police after his truck broke down in Rotterdam, was treated at the hospital.

Assistant District Attorney Mary Tanner-Richter appeared to be preparing to ask Barcomb about Cruz's blood alcohol level — he is also charged with driving while intoxicated — but Cruz's attorney, Michael Feit, objected and Judge Andrew Ceresia sustained the objection.

Earlier Wednesday, police officers who chased Cruz that night testified, including Albany County Sheriff's Sgt. Marcus Decker, who said he saw the mortally injured man stuck on the ladder rack of the passenger side of Cruz's truck as Cruz evaded police.

"I look to my left and see the person hanging off of the ladder rack," Decker testified.

Decker said Cruz later "swerved at me ... seemed to attempt to strike me." He took evasive action to avoid being struck two to three times, he testified. He said Cruz never tried to stop.

Feit does not deny that Cruz struck Merges, but says it was unavoidable accident and that Cruz did not strike anything or anyone else.